After almost 10 years of impoundment, our client's cars were handed over to the latter
As a result of a gross miscarriage of justice made many years ago, our client was not only unable to receive and operate the vehicles belonging to him from the Enforcement Proceedings Service, but was also deprived of the opportunity to make any transactions with them. The reason was the claim enforcement measure applied by the court in case No. ԵԱՆԴ/1890/02/13, which was not eliminated as a result of a gross mistake made by the court, despite the fact that the plaintiff's claim regarding the mentioned cars was rejected.
The court case was remarkable to the extent that due to a number of procedural problems, our client could not achieve the elimination of the judicial error and faced a dead end. It was important for the trustor to get the cancellation of the security of the claim a day earlier, because the cars were standing for a long time, some of them in the open air, which caused significant damage to the trustor's properties, led to a sharp decrease in their market value, made the cars unusable for operation.
The solution of the problem was undertaken by the "ELL Partnership" law firm, coordinated by the general director, lawyer Gohar Gevorgyan. The way to solve the problem before us was to start a new judicial process, by which a request was made to remove the property from the lien applied in another case.
After almost a year and a half of litigation, the claim against the Enforcement Service was settled and the cars were handed over to our client.
The details of the civil case can be found at the following link:
This victory is a telling example of the fact that even the most gross procedural errors can sometimes be corrected years later, if the lawyer chooses the right trial tactics and the courts show the will to really do justice, giving the law a substantive interpretation rather than a formal one.